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Criminal Law Commons™

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1997

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Institution
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Articles 31 - 60 of 250

Full-Text Articles in Criminal Law

The International Criminal Court: Taiwan's Last Hope?, Christa Tzu-Hsiu Lin Jul 1997

The International Criminal Court: Taiwan's Last Hope?, Christa Tzu-Hsiu Lin

Washington International Law Journal

In 1989, the United Nations General Assembly began work on establishing the first-ever permanent International Criminal Court. Eight years later, the draft code for the International Criminal Court is nearing completion and establishment of the Court is proposed for 1998. The goal of the International Criminal Court is to enhance international cooperation in international criminal matters. This Comment discusses the International Criminal Court in light of China's missile tests off the coast of Taiwan. The lack of international response to the missile tests in the past demonstrates the need for an international body to intervene in this act of aggression. …

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Constitutional Criminal Procedure, James P. Fleissner Jul 1997

Constitutional Criminal Procedure, James P. Fleissner

Mercer Law Review

The Fourth, Fifth, and Sixth Amendments of the United States Constitution are the three pillars of the American system of criminal justice. The three amendments make procedural guarantees using enigmatic terms that are given meaning by those with the power of interpretation. The Fourth Amendment protects us from "unreasonable searches and seizures." The Fifth Amendment includes a guarantee of "due process of law." The Sixth Amendment guarantees a "speedy" trial. In the years since 1791, when these provisions were enshrined in the Bill of Rights, the courts have played the leading role in shaping the scope of these broad pronouncements. …

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Can You Lie To The Government And Get Away With It--The Exculpatory-No Defense Under 18 U.S.C. 1001, Stephen Michael Everhart Jun 1997

Can You Lie To The Government And Get Away With It--The Exculpatory-No Defense Under 18 U.S.C. 1001, Stephen Michael Everhart

West Virginia Law Review

No abstract provided.

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The "Solely Criminal Purpose" Defense To The Enforcement Of Irs Summonses, Darius J. Mehraban Jun 1997

The "Solely Criminal Purpose" Defense To The Enforcement Of Irs Summonses, Darius J. Mehraban

Michigan Law Review

Recent years have witnessed a gradual erosion of the practical distinctions between the civil and criminal investigations performed by federal administrative agencies. This trend arose naturally from a growing number of federal statutes and regulations that carry both civil and criminal penalties for their violation. Administrative agencies today wield investigative summons power almost as expansive as the grand jury subpoena power and can use that power to investigate without first deciding whether criminal or civil liability ultimately will be sought. The Internal Revenue Service (IRS) has participated to some extent in this intermingling of civil and criminal inquiry - with …

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Recalibrating The Scales Of Justice Through National Punitive Damage Reform, Kimberly A. Pace Jun 1997

Recalibrating The Scales Of Justice Through National Punitive Damage Reform, Kimberly A. Pace

American University Law Review

No abstract provided.

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Corruption-A General Review With An Emphasis On The Role Of The World Bank, Ibrahim F.I. Shihata May 1997

Corruption-A General Review With An Emphasis On The Role Of The World Bank, Ibrahim F.I. Shihata

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Drugs And Corruption In Latin America, Olukonyinsola Ajayi May 1997

Drugs And Corruption In Latin America, Olukonyinsola Ajayi

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Illicit Arms Trafficking, Corruption, And Governance In The Caribbean, Ivelaw L. Griffith May 1997

Illicit Arms Trafficking, Corruption, And Governance In The Caribbean, Ivelaw L. Griffith

Penn State International Law Review (1982 - 2011)

No abstract provided.

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United States V. Armstrong: Permissible Prosecutorial Discretion?, Robert C. Brand May 1997

United States V. Armstrong: Permissible Prosecutorial Discretion?, Robert C. Brand

Mercer Law Review

In United States v. Armstrong, the Supreme Court explicitly set forth the threshold requirement the defendant must meet in order to be entitled to discovery on a selective prosecution claim. There must be a credible showing that similarly situated persons of other races could have been prosecuted, but were not.

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The Foreign Corrupt Practices Act Within The American Response To Domestic Corruption, Henry H. Rossbacher, Tracy W. Young May 1997

The Foreign Corrupt Practices Act Within The American Response To Domestic Corruption, Henry H. Rossbacher, Tracy W. Young

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Advanced Issues For Elderlaw Practitioners, Oregon Law Institute, Michael E. Haglund, Penny L. Davis, Richard A. Pagnano, Donna R. Meyer, Tim Nay, Sam Friedenberg Apr 1997

Advanced Issues For Elderlaw Practitioners, Oregon Law Institute, Michael E. Haglund, Penny L. Davis, Richard A. Pagnano, Donna R. Meyer, Tim Nay, Sam Friedenberg

Oregon Law Institute, 1997

Course Materials from the April 18, 1997 Program in Portland

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The Women's Christian Temperance Union 1874-1898: Combating Domestic Violence, Erin M. Masson Apr 1997

The Women's Christian Temperance Union 1874-1898: Combating Domestic Violence, Erin M. Masson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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Finding The Truth In An American Criminal Trial: Some Observations, Frank J. Macchiarola Apr 1997

Finding The Truth In An American Criminal Trial: Some Observations, Frank J. Macchiarola

Cardozo Journal of International and Comparative Law

The article critiques the American adversarial criminal trial system, arguing that its focus on procedure and individual rights often hinders the pursuit of truth. While the system is deeply rooted in American cultural values, such as distrust of government and a commitment to individual liberties, its emphasis on adversarial contest rather than truth-seeking leads to inefficiencies and public dissatisfaction. The author highlights the tension between the system's theoretical commitment to justice and its practical limitations, particularly as illustrated by high-profile cases like the O.J. Simpson trial.

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America Tries To Come To Terms With Terrorism: The United States Anti-Terrorism And Effective Death Penalty Act Of 1996 V. British Anti-Terrorism Law And International Response, Roberta Smith Apr 1997

America Tries To Come To Terms With Terrorism: The United States Anti-Terrorism And Effective Death Penalty Act Of 1996 V. British Anti-Terrorism Law And International Response, Roberta Smith

Cardozo Journal of International and Comparative Law

The note examines the legal and policy responses to terrorism, focusing on the tension between combating terrorism effectively and safeguarding civil liberties. It critiques the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and comparable international measures, arguing that while these laws aim to address the growing threat of terrorism, they risk infringing on constitutional rights and international cooperation. The analysis highlights the challenges of balancing security concerns with democratic values and the need for coordinated global strategies to counter terrorism.

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Computer Crimes Now On The Books: What Do We Do From Here? (Symposium), Henry H. Perritt Jr. Mar 1997

Computer Crimes Now On The Books: What Do We Do From Here? (Symposium), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

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There Is No Such Thing As A Harmless Constitutional Error: Returning To A Rule Of Automatic Reversal, James Edward Wicht Iii Mar 1997

There Is No Such Thing As A Harmless Constitutional Error: Returning To A Rule Of Automatic Reversal, James Edward Wicht Iii

Brigham Young University Journal of Public Law

No abstract provided.

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Unequal Justice: The Federalization Of Criminal Law, Steven D. Clymer Mar 1997

Unequal Justice: The Federalization Of Criminal Law, Steven D. Clymer

Cornell Law Faculty Publications

From humble beginnings, federal substantive criminal law has grown to prohibit a wide range of conduct, including much that state criminal laws also proscribe. This expansion, commonly called federalization, has recently attracted substantial academic criticism. Some critics bemoan the federal government's intrusion into matters historically left to the states. Others denounce the burden on the federal judiciary of an increasing criminal caseload. However, there has been far less attention devoted to what may be the most troubling consequence of federalization: the dramatically disparate treatment of similarly situated offenders, depending on whether they are prosecuted in federal or state court. This …

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Make It, Market It, And You May Have To Pay For It: An Evaluation Of Gun Manufacturer Liability For The Criminal Use Of Uniquely Dangerous Firearms In Light Of In Re 101 California Street, Joi Gardner Pearson Mar 1997

Make It, Market It, And You May Have To Pay For It: An Evaluation Of Gun Manufacturer Liability For The Criminal Use Of Uniquely Dangerous Firearms In Light Of In Re 101 California Street, Joi Gardner Pearson

BYU Law Review

No abstract provided.

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On Multiculturalism, Concepts Of Crime, And The "De Minimis" Defense, Stanislaw Pomorski Mar 1997

On Multiculturalism, Concepts Of Crime, And The "De Minimis" Defense, Stanislaw Pomorski

BYU Law Review

No abstract provided.

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Getting Serious About An International Criminal Court, Michael P. Scharf Feb 1997

Getting Serious About An International Criminal Court, Michael P. Scharf

Faculty Publications

No abstract provided.

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Should Bouie Be Buoyed? Judicial Retroactive Lawmaking And The Ex Post Facto Clause (Symposium), Harold J. Krent Feb 1997

Should Bouie Be Buoyed? Judicial Retroactive Lawmaking And The Ex Post Facto Clause (Symposium), Harold J. Krent

All Faculty Scholarship

No abstract provided.

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Unshackling Black Motherhood, Dorothy E. Roberts Feb 1997

Unshackling Black Motherhood, Dorothy E. Roberts

Michigan Law Review

When stories about the prosecutions of women for using drugs during pregnancy first appeared in newspapers in 1989, I immediately suspected that most of the defendants were Black women. Charging someone with a crime for giving birth to a baby seemed to fit into the legacy of devaluing Black mothers. I was so sure of this intuition that I embarked on my first major law review article based on the premise that the prosecutions perpetuated Black women's subordination. My hunch turned out to be right: a memorandum prepared by the ACLU Reproductive Freedom Project documented cases brought against pregnant women …

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Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri Feb 1997

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Michigan Law Review

So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …

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Sandin V. Conner: Lowering The Boom On The Procedural Rights Of Prisoners , Scott F. Weisman Feb 1997

Sandin V. Conner: Lowering The Boom On The Procedural Rights Of Prisoners , Scott F. Weisman

American University Law Review

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Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker Jan 1997

Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

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The Death Penalty: The Usa In World Perspective, Roger Hood Jan 1997

The Death Penalty: The Usa In World Perspective, Roger Hood

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Punishing Bias: An Examination Of The Theoretical Foundations Of Bias Crime Statutes, Anthony M. Dillof Jan 1997

Punishing Bias: An Examination Of The Theoretical Foundations Of Bias Crime Statutes, Anthony M. Dillof

Law Faculty Research Publications

No abstract provided.

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Practitioners - Beware The Trojan Horse: The Government Unsheathes An Old Weapon To Target Practitioners For Criminal Tax Offenses, Dante Marrazzo Jan 1997

Practitioners - Beware The Trojan Horse: The Government Unsheathes An Old Weapon To Target Practitioners For Criminal Tax Offenses, Dante Marrazzo

Akron Tax Journal

Nestled within the many criminal sanctions of the Internal Revenue Code is a little known, less understood, and, until recently, seldom used statute proscribing attempts to interfere with administration of the Internal Revenue laws. This article will discuss the exponential increase in use of that provision, section 7212(a) of the Internal Revenue Code, in the last decade to seek prosecution of tax scofflaws, particularly practitioners, who might have otherwise escaped criminal sanctions. This article will call attention to some perils for the practitioner relating to representing a client on tax matters. Those perils include possible criminal prosecution of an attorney …

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It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein Jan 1997

It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein

Touro Law Review

No abstract provided.

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Race, Redistricting And A Republican Poll Tax: The Supreme Court's Voting Rights Decisions Of The 1995-96 Term, Frank Parker Jan 1997

Race, Redistricting And A Republican Poll Tax: The Supreme Court's Voting Rights Decisions Of The 1995-96 Term, Frank Parker

Touro Law Review

No abstract provided.

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